Federal Judge Orders Migrant Family Reunification Within 30 Days

The Daily Caller ^ | 27 Jun 18 | Kevin Daley

[SkyPilot]

A federal judge in California ordered the Trump administration to end its migrant family separation policy within 30 days late Tuesday.

U.S. District Court Judge Dana Sabraw of San Diego issued the preliminary injunction, finding the practice likely violates the Constitution. The decision is not a ruling on the merits of the dispute.

“Asylum seekers like Ms. L. and many other class members may be fleeing persecution and are entitled to careful consideration by government officials, particularly so if they have a credible fear of persecution,” he wrote. “We are a country of laws, and of compassion. We have plainly stated our intent to treat refugees with an ordered process, and benevolence, by codifying principles of asylum.”

“The government’s treatment of Ms. L. and other similarly situated class members does not meet this standard, and it is unlikely to pass constitutional muster,” he added.

Although President Donald Trump issued an executive order providing that migrant families in immigration facilities should be housed together on June 20, the proclamation did not affect some 2,000 migrant children currently in federal custody.

Sabraw concluded an injunction was warranted in Tuesday’s order because the plaintiffs are likely to succeed on the merits of their claim. The administration’s zero-tolerance policy, he explained, likely violates the right to family integrity as established by the Constitution’s due process guarantees. That right applies in the plaintiff’s circumstances because she is lawfully seeking asylum, Sabraw previously found.

The ruling requires that alien minors be detained with their parents unless the U.S. Department of Homeland Security concludes the parents are unfit. The government is further bound to release alien minors if their parents are freed from custody. Finally, the court gave immigration officials 10 days to facilitate regular communication between affected families, pending their reunification.

[SkyPilot]

“This ruling is an enormous victory for parents and children who thought they may never see each other again,” said Lee Gelernt of the American Civil Liberties Union in a press release. “Tears will be flowing in detention centers across the country when the families learn they will be reunited.”

Citizens of every other nation of the world are not entitled to our Constitutional rights. What is the value of being a US citizen, if anyone else can claim "due process", collect from 25+ giveaway programs, and send the bill to taxpayers?

These judges are domestic enemies of the Constituion. They are not "fleeing persecution" - they want freebies.

Just a few of our welfare programs.....

Universal Program for Subsidized Phones for Low Income (ObamaPhones), EBT Food Stamps (SNAP), ObamaCare Subsidies for Immigrants, ObamaCare Subsidies for Low Income, Medicaid, Section 8 Housing, Unemployment, TANF Welfare, Energy Assistance, EITC, Foster Care Title IV, Old Age Assistance, AFDC, General Assistance Cash, Children’s Health Insurance Program (CHIP), Assets for Independence, School Lunch Assistance, General Assistance to Native Americans, Child Care Development Fund, SCHiP State Supplemental Health Insurance Program, Consolidated Health Centers, Foster Care Grants, Consolidated Community Health, Maternal and Child Health Assistance Fund, Healthy Start, School Lunch Block Grant, Job Assistance, Job Training, Minority Job Assistance, Job Relocation, Woman Infants and Children's Program, Nutrition for the Elderly, Summer Program, Summer Jobs Program, Minority Summer Jobs, Hispanic Jobs Program, African-American Jobs Program, Commodity Supplemental Food Program, Special Milk Program, Needy Families, Farmer's Market Nutrition Program, Public Housing, Low Income Energy Assistance, Migrant Education, Title One Grants to Local Education Authorities, Education for Homeless Children and Youth, Even Start, Job Corps, Social Security for Refugees, Social Security for Humanitarian Cases, Social Security for Asylum, Health Marriage and Responsible Fatherhood Grants, TANF Child Care, Empowerment Zones for Minority Communities, Urban Development Action Grants, and Family Planning (abortion).

[NativeSon]

This judge is making up law based on “maybe’s”

[Dacula]

Make them take a DNA test to prove they are related.

[Cowboy Bob]

The judge need to be put in her place...and then impeached.

[The_Media_never_lie]

Does this new interpretation of the law apply to US citizens too, or just to non citizens?r

[Truth29]

Another 8th Circuit judge. The Left Coast is in virtual rebellion against the USA. They might as well wear rebel uniforms and declare their loyalty to a foreign power.

[Biggirl]

All it will do will make more Americans practice “civil disobedience”.

[Widget Jr]

Lots of stuff here: Judge orders U.S. to reunite families, stop border separations.

No matter what supporters say, this ruling tries to overturn higher court rulings, and higher courts frown on that.

[qaz123]

Asylum seekers like Ms. L. and many other class members may be fleeing persecution and are entitled to careful consideration by government officials, particularly so if they have a credible fear of persecution,” he wrote. “We are a country of laws, and of compassion. We have plainly stated our intent to treat refugees with an ordered process, and benevolence, by codifying principles of asylum.”

---

Don’t they have to be interviewed and go through a process to get asylum? Or do we give them everything and figure out their asylum status later? Amazing how judges can just make shit up. And, wouldn’t this whole process be covered under the travel ban that was just upheld? If so, couldn’t the President just put out a blanket ban on everyone? How nice would that be?

[Renegade]

Just IGNORE it!

[Sa-teef]

There are 10 US Citizen Service and consulates in Mexico. There are more in the originating countries where most of these people originate (Honduras, El Salvador and Guatemala ).

Apply for asylum in any of those locations and then go directly to any of the 48 official border crossings along the US-Mexico border. If they qualify under the law they will get asylum.

If they try to cross without an asylum permit or try to enter somewhere other than those official crossings then they are lawbreakers. Return to sender immediately. No judge, no bennies. Send them back to a Citizen Service center to get the required approval.

Simple.

[MayflowerMadam]

Just yesterday, didn’t SCOTUS Thomas question this situation where one single judge has total power to bring America to a standstill? This crap has to stop.

[Bryanw92]

>>likely violates the right to family integrity as established by the Constitution’s due process guarantees.

Meanwhile in the USA, parents are told that they do not have the right to decide what their kids are taught about deviant sexuality. American families are split up all the time becuase the adults are criminals.

[Flavious_Maximus]

“Asylum seekers like Ms. L. and many other class members may be fleeing persecution and are entitled to careful consideration by government officials...”

I SAY NO WAY! SCREW THIS!

Most of these asylum seeker who are supposedly “fleeing persecution” are from Central America. They can claim asylum IN MEXICO or any border state next to their home country.

The judge is a traitor and should be dealt with.

[Skywise]

If they’re fleeing persecution they can apply for asylum LEGALLY- they’re not - just crossing the borders.

Never mind the fact that the law separating the children was written specifically to keep the children out of prison and in a safe environment (child welfare)

No no - that’s now inhumane and children should be kept in detention with their parents so we can show them as concentration camps.

Watch judges next abolish ICE by edict because it’s what the socialists want.

[Skywise]

Again - those who follow the laws and submit to government (gun owners, families, business owners) have less rights and liberties than illegal immigrants.

[airborne]

Make them take a DNA test to prove they're related

And make them pay for the test!

[blueyon]

isn’t the judge a little late to the party.......Trump already signed an EO to keep families together

[sickoflibs]

RE:”The ruling requires that alien minors be detained with their parents unless the U.S. Department of Homeland Security concludes the parents are unfit”

Contradicts Flores decision that says they CANT be detained together. That was made by an Obama appointed judge working with Obama justice department.

Plus, how can the judge enforce this?

[Dixie Yooper]

As soon as the Justice Department gets all the missing and unredacted emails and text msgs Congress is asking for, they can get the same crew on the kids.